Ni act 138
advocate bhavin vyas
(Querist) 25 March 2012
This query is : Resolved
can a partner give power of attorney on his own name on behalf of firm to any employee to file and contest ni act 138 case?
the partner has given poa in his own name no stamp or seal or autrity of other 5 parters taken now can a case stand under ni act i am accused adv. and any judgment on it?
more over in cross poa holder employee sated admited that he has sign complaint or notice but un aware of this transection
Raj Kumar Makkad
(Expert) 25 March 2012
In the given facts, the complaint filed by the firm is not maintainable as the POA has been given only by one of the partners out of total 6.
So far as the citation is concerned, you should make labour and should find it out from www.indiankanoon.org
ajay sethi
(Expert) 25 March 2012
power of attorney has to be given by the firm . A power of attorney issued by a partnership firm must be signed by all the partners, otherwise it is held invalid.
in the present case only one partner has signed it so complaint filed by POA is not maintanable
if power of attorney has no personal knowledge of the transaction he is merely deposing on basis of records of the case .
Shonee Kapoor
(Expert) 25 March 2012
AR is now required the ability to depose on the facts of the case by personal knowledge.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
